0  t/> 

t 


EXTRACTS 


FROM  THE 


CODES  AND  STATUTES 


RELATING  TO 


STATE  PRISONS  AND  PRISONERS, 


COMPILED  FROM  THE 

/f 

I:  /,  /  r- 

CONSTITUTION  OF  CALIFOR^U,  THE  CODES,  AND  STATUTES  IN  FORCE;  WITH 
AN  OPINION  OF  ,T'Ht/ ATTORNEY-GENERAL  ON  THE  SUBJECT 
OF  CREDITS  TO  SECOND-TERM  CONVICTS. 


fl/iA 

i  /'  •  V 


,«S‘ 

'  f  W 1 ' 

•  i+i  I  / 


yifi 


July  1st,  188^ 

■4I 


A 


SACRAMENTO: 

STATE  OFFICE  :  :  :  J.  D.  YOUNG,  SUPT.  STATE  PRINTING. 

1882. 


EXTEACTS 


t 


FROM  THE 


CODES  AND  STATUTES 

RELATING  TO 

STATE  PRISONS  AND  PRISONERS, 


COMPILED  FROM  THE 


CONSTITUTION  OF  CALIFORNIA,  THE  CODES,  AND  STATUTES  IN  FORCE;  WITH 
AN  OPINION  OF  THE  ATTORNEY-GENERAL  ON  THE  SUBJECT 
OF  CREDITS  TO  SECOND-TERM  CONVICTS. 


July  1st,  1882. 


SACRAMENTO : 

STATE  OFFICE  :  :  I  J.  D.  YOUNG,  SUPT.  STATE  PRINTING. 

1882. 


( 


Digitized  by  the  Internet  Archive 
in  2019  with  funding  from 

University  of  Illinois  Urbana-Champaign  Alternates 


https://archive.org/details/extractsfromcodeOOunse 


\ 


v  Warden’s  Office,  State  Prison  at  Folsom,  \ 

July  1st,  1882.  j 

For  convenience  in  referring  to  the  laws  in.  force  concerning  the 
State  Prisons  of  California  and  the  convicts  who  are  serving  terms 
of  imprisonment,  as  well  as  to  group  the  statutes  governing  the 
employment  of  convict  labor,  the  following  compilation  from  the 
Constitution  and  Codes  has  been  made.  Some  of  the  sections  in  the 
pamphlet  are  for  the  enlightenment  of  prisoners  who  desire  to 
obtain  commutation  of  sentence,  but  who  usually  make  application 
to  the  Governor  without  first  complying  with  the  provisions  of  the 
laws. 

The  opinion  of  the  Attorney-General,  annexed  to  the  compilation, 
decides  a  question  of  great  importance  to  convicts  serving  a  second 
term  of  imprisonment. 

JOHN  McCOMB, 

Warden  State  Prison  at  Folsom. 


F 


1 


9A 

•• 


O 


STATE  BOARD  OF  PRISON  DIRECTORS 


G.  W.  SCHELL,  President _ Modesto. 

J.  H.  NEFF _ Colfax. 

A.  H.  CHAPMAN _ Chico. 

Dr.  W.  F.  McNUTT _ San  Francisco. 

CHARLES  CLAYTON _ San  Francisco. 


STATE  PRISON  AT  SAN  QUENTIN. 

J.  P.  AMES _ Warden. 

J.  Y.  ELLIS _ Clerk. 


STATE  PRISON  AT  FOLSOM. 


JOHN  McCOMB _ Warden. 

JOHN  M.  MINER _ Clerk  and  Commissary. 

JAMES  TOWLE _ Captain  of  the  Guard. 

BENJAMIN  CHAMBERS _ Lieutenant  of  the  Guard. 

Dr.  W.  A.  GROVER _ Physician. 

T.  W.  BAILEY _ Assistant  Bookkeeper. 

GEORGE  IL.  ROGERS _ Superintendent  of  Labor. 

ORRIN  COLLIER _ Engineer. 

T.  J.  ADAMS _ Keeper  of  Front  Gate. 

ABE  MORRIS _ Keeper  of  Lower  Gate. 

J.  N.  McCORMICK _ Chief  of  Night  Watch. 

P.  F.  DOLAN _ _ _ Lieutenant  of  Night  Watch. 

GUARDS. 

R.  J.  Murphy,  J.  N.  Monroe,  Levi  Greer, 

W.  W.  Sim,  Thomas  Curtin,  L.  H.  Anderson, 

James  Curtin,  John  Curry,  Thomas  Burns, 

John  B.  Smith,  John  Moran,  John  Moore, 

Samuel  Bennett,  W.  T.  Brown,  A.  M.  Rhody, 

George  I.  Marvin,  J.  W.  Janes,  F.  F.  Werner, 

T.  Beirnes,  Fred  Rhorer,  Dexter  W.  Ridley, 

James  Matthews,  W.  J.  Arnell,  John  Harrison. 


Extracts  from  the  Constitution  of  California. 


Article  X. — State  Institutions  and  Public  Buildings. 

Section  1.  There  shall  be  a  State  Board  of  Prison  Directors,  to 
consist  of  five  persons,  to  be  appointed  by  the  Governor,  with  the 
advice  and  consent  of  the  Senate,  who  shall  hold  office  for  ten  years, 
except  that  the  first  appointed  shall,  in  such  manner  as  the  Legis¬ 
lature  may  direct,  be  so  classified  that  the  term  of  one  person  so 
appointed  shall  expire  at  the  end  of  each  two  years  during  the  first 
ten  years,  and  vacancies  occurring  shall  be  filled  in  like  manner. 
The  appointee  to  a  vacancy,  occurring  before  the  expiration  of  a  term , 
shall  hold  office  only  for  the  unexpired  term  of  his  predecessor. 
The  Governor  shall  have  the  power  to  remove  either  of  the  Directors 
for  misconduct,  incompetency,  or  neglect  of  duty,  after  an  opportu¬ 
nity  to  be  heard  upon  written  charges. 

Sec.  2.  The  Board  of  Directors  shall  have  the  charge  and  super¬ 
intendence  of  the  State  Prisons,  and  shall  possess  such  powers,  and 
perform  such  duties,  in  respect  to  other  penal  and  reformatory  insti¬ 
tutions  of  the  State,  as  the  Legislature  may  prescribe. 

Sec.  3.  The  Board  shall  appoint  the  Warden  and  Clerk,  and 
determine  the  other  necessary  officers  of  the  prisons.  The  Board 
shall  have  power  to  remove  the  Wardens  and  Clerks  for  misconduct, 
incompetency,  or  neglect  of  duty.  All  other  officers  and  employes 
of  the  prisons  shall  be  appointed  by  the  Warden  thereof,  and  be 
removed  at  his  pleasure. 

Sec.  4.  The  members  of  the  Board  shall  receive  no  compensation 
other  than  reasonable  traveling  and  other  expenses  incurred  while 
engaged  in  the  performance  of  official  duties,  to  be  audited  as  the 
Legislature  may  direct. 

Sec.  5.  The  Legislature  shall  pass  such  laws  as  may  be  necessary 
to  further  define  and  regulate  the  powers  and  duties  of  the  Board, 
Wardens,  and  Clerks,  and  to  carry  into  effect  the  provisions  of  this 
article. 

Sec.  6.  After  the  first  day  of  January,  eighteen  hundred  and 
eighty-two,  the  labor  of  convicts  shall  not  be  let  out  by  contract  to 
any  person,  copartnership,  company,  or  corporation,  and  the  Legis¬ 
lature  shall,  by  law,  provide  for  the  working  of  convicts  for  the 
benefit  of  the  State. 


Article  VII. — Pardoning  Power. 

Section  1.  The  Governor  shall  have  the  power  to  grant  reprieves, 
pardons,  and  commutations  of  sentence,  after  conviction,  for  all 


6 


EXTRACTS  FROM  THE  CODES  AND  STATUTES 


offenses  except  treason  and  cases  of  impeachment,  upon  such  condi¬ 
tions,  and  with  such  restrictions  and  limitations,  as  he  may  think 
proper,  subject  to  such  regulations  as  may  be  provided  by  law  rela¬ 
tive  to  the  manner  of  applying  for  pardons.  Upon  conviction  for 
treason,  the  Governor  shall  have  power  to  suspend  the  execution  of 
the  sentence  until  the  case  shall  be  reported  to  the  Legislature  at  its 
next  meeting,  when  the  Legislature  shall  either  pardon,  direct  the 
execution  of  the  sentence,  or  grant  a  further  reprieve.  The  Governor 
shall  communicate  to  the  Legislature,  at  the  beginning  of  every  ses¬ 
sion,  every  case  of  reprieve  or  pardon  granted,  stating  the  name  of 
the  convict,  the  crime  of  which  he  was  convicted,  the  sentence,  its 
date,  the  date  of  the  pardon  or  reprieve,  and  the  reasons  for  grant¬ 
ing  the  same.  Neither  the  Governor  nor  the  Legislature  shall  have 
power  to  grant  pardons,  or  commutations  of  sentence,  in  any  case 
where  the  convict  has  been  twice  convicted  of  felony,  unless  upon 
the  written  recommendation  of  a  majority  of  the  Judges  of  the 
Supreme  Court. 


Article  XIX. —  Chinese . 

Sec.  3.  No  Chinese  shall  be  employed  on  any  State,  county,  munic¬ 
ipal,  or  other  public  work,  except  in  punishment  for  crime. 


Article  XX. — Miscellaneous  Subjects. 

Sec.  17.  Eight  hours  shall  constitute  a  legal  day’s  work  on  all 
public  work. 


RELATING  TO  STATE  PRISONS  AND  PRISONERS. 


7 


Extracts  from  the  Statutes  of  1880. 


Chapter  LXXI. — An  Act  to  define ,  regulate,  and  govern  the  State  Pris¬ 
ons  of  California.  (Approved  April  15,  1880.) 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assem¬ 
bly,  do  enact  as  follows: 

Section  1.  The  Prison  heretofore  known  as  the  “Branch  State 
Prison  ”  shall  be  known  hereafter  and  designated  as  the  “  State 
Prison  at  Folsom,”  and  all  its  finances  and  other  accounts  shall  be 
kept  separate  from  those  of  the  State  Prison  at  San  Quentin,  and  it 
shall  have  an  official  staff  conformable  to  the  laws  of  the  State  in 
relation  to  State  Prisons;  and  it  shall  be  lawful  for  Courts  to  sen¬ 
tence  convicts  to  the  State  Prison  at  San  Quentin,  or  to  the  State 
Prison  at  Folsom,  in  their  discretion,  and  the  Board  of  Directors 
shall  have  power  to  transfer  prisoners  from  either  prison  to  the  other 
one,  when,  in  their  judgment,  such  transfer  is  for  the  best  interests 
of  the  State. 

Sec.  2.  For  the  government  and  management  of  the  California 
State  Prisons  there  shall  be  appointed  by  the  Governor,  by  and  with 
the  advice  and  consent  of  the  Senate,  on  or  before  the  second  Mon¬ 
day  in  January,  A.  D.  eighteen  hundred  and  eighty,  five  Directors, 
who  shall  hold  their  office  for  the  term  of  ten  years  from  and  after 
said  second  Monday  in  January,  A.  D.  eighteen  hundred  and  eighty, 
and  until  their  successors  are  appointed  and  qualified;  provided,  that 
said  Directors  so  appointed  shall,  at  their  first  meeting  after  the  pas¬ 
sage  of  this  Act,  so  classify  themselves,  by  lot,  that  one  of  them  shall 
go  out  of  office  in  two  years,  one  of  them  in  four  years,  one  of  them 
in  six  years,  one  of  them  in  eight  years,  and  one  of  them  in  ten 
years  after  said  second  Monday  in  January,  A.  D.  eighteen  hundred 
and  eighty;  and  an  entry  of  such  classification  shall  be  made  in  the 
minutes  of  said  Directors,  signed  by  them,  and  a  duplicate  thereof 
shall  be  filed  in  the  office  of  the  Secretary  of  State.  And  on  or  before 
the  second  Monday  in  January,  A.  D.  eighteen  hundred  and  eighty- 
two,  and  at  the  same  time  biennially  thereafter,  the  Governor  shall 
appoint,  by  and  with  the  advice  and  consent  of  the  Senate,  one 
Director,  whose  term  of  office  shall  be  for  a  period  of  ten  years,  com¬ 
mencing  with  said  second  Monday  in  January.  And  each  Director 
shall  subscribe  an  oath  of  office,  which  shall  be  indorsed  on  his  com¬ 
mission. 

Sec.  3.  At  the  first  meeting  of  the  Directors  after  the  passage  of 
this  Act,  and  at  their  meeting  in  January  biennially  thereafter,  they 
shall  elect  one  of  their  number  President  of  the  Board. 

Sec.  4.  A  majority  of  the  Board  shall  constitute  a  quorum  for  the 
transaction  of  business,  but  no  order  of  the  Board  shall  be  valid 


8 


EXTRACTS  FROM  THE  CODES  AND  STATUTES 


unless  it  is  entered  on  the  journal,  and  is  concurred  in  by  three 
members. 

Sec.  5.  It  shall  be  the  duty  of  the  Directors — 

First — To  determine  the  necessary  officers  of  the  prisons,  other 
than  those  of  Wardens  and  Clerks,  specifying  their  duties  severally, 
and  fixing  their  salaries ;  to  prescribe  rules  and  regulations  for  the 
government  of  the  prisons,  and  to  revise  and  change  the  same  from 
time  to  time  as  circumstances  may  require;  provided,  the  Warden 
may  make  such  temporary  rules  and  orders  as  he  may  deem  proper, 
to  be  in  force  until  the  next  meeting  of  the  Board.  At  least  three 
of  said  Directors  shall  visit  the  prison  in  company  on  the  first  Tues¬ 
day  in  each  month,  or  as  soon  thereafter  as  may  be  practicable,  and 
examine  all  the  different  departments,  and  audit  all  claims  against 
the  prisons.  The  Directors  shall  cause  an  inspection  of  the  prisons 
to  be  made  by  one  of  their  number  at  least  once  in  each  month. 

Second — The  Directors  shall  meet  at  the  State  Prisons  within  the 
first  ten  days  in  January,  April,  July,  and  October  of  each  year,  and, 
in  addition  to  the  duties  above  described,  they  shall  examine  the 
books  and  accounts  of  the  Wardens  and  Clerks. 

Third — To  enter  on  their  journal  the  result  of  all  examinations, 
and  of  all  other  official  acts,  which  shall  be  signed  by  the  members 
present. 

Fourth — On  or  before  the  first  day  of  November,  A.  D.  eighteen 
hundred  and  eighty,  and  annually  thereafter,  to  report  to  the  Gov¬ 
ernor  the  condition  of  the  prisons,  together  with  a  detailed  statement 
of  their  receipts  and  expenditures,  and  such  suggestions  as  their 
interests  may  require. 

Sec.  6.  The  Board  of  Directors  shall  have  power  to  establish  an 
office  in  San  Francisco,  and  employ  a  Secretary. 

Sec.  7.  The  Directors  shall  appoint  a  Warden  for  each  prison, 
who  shall  take  and  subscribe  an  oath  or  affirmation  faithfully  to 
discharge  the  duties  of  his  office,  and  enter  into  a  bond  to  the  State 
of  California  in  the  sum  of  twenty-five  thousand  dollars,  with  two 
or  more  sureties,  to  be  approved  by  the  Directors  and  the  Attorney- 
General  of  the  State,  conditioned  for  the  faithful  performance  of  the 
duties  which  may  devolve  upon  him  as  such  officer,  and  he  shall 
hold  his  office  for  four  years. 

Sec.  8.  The  Wardens  shall  reside  at  the  State  Prisons  to  which 
they  are  respectively  assigned,  in  houses  provided  and  furnished  at 
the  expense  of  the  State;  and  it  shall  be  their  duty — 

First — To  fill  all  subordinate  positions  that  may  be  created  by 
order  of  the  Board  of  Directors,  by  appointment  of  suitable  persons 
thereto. 

Second — To  supervise  the  government,  discipline,  and  police  of  the 
prison. 

Third — To  give  all  needful  directions  to  the  inferior  officers,  and 
secure  from  each  a  faithful  discharge  of  their  several  duties. 

Fourth — To  make  frequent  examinations  into  the  state  of  the 
prisons,  the  health,  condition,  and  safety  of  the  convicts. 

Fifth — To  report  as  often  as  they  may  be  required  to  the  Directors, 
the  number  of  guards  employed,  their  names  and  duties,  and  such 
other  matters  as  may  be  required. 

Sixth — To  have  general  charge  of  all  departments  of  the  prisons, 
and  of  the  officers. 

Seventh — To  bring  any  and  all  suits  at  law  or  in  equity  arising  in 


RELATING  TO  STATE  PRISONS  AND  PRISONERS. 


9 


his  department  that  may  be  necessary  to  protect  the  rights  of  the 
State  in  matters  connected  with  the  prisons  and  their  management, 
in  the  name  of  the  Board  of  State  Prison  Directors,  and  to  prosecute 
the  same  with  the  consent  of  the  Board  of  Directors. 

Sec.  9.  The  Board  of  Directors  shall  appoint  a  Clerk  for  each 
prison,  who  shall  take  an  oath  of  office,  and  enter  into  a  bond  to  the 
State,  with  sureties  satisfactory  to  the  Board,  in  the  sum  of  five 
thousand  dollars,  that  they  will  faithfully  discharge  the  duties  which 
devolve  upon  them.  The  Clerks  shall  hold  their  office  for  the  period 
of  four  years,  unless  sooner  removed  by  the  Board  for  misconduct, 
incompetency,  or  neglect  of  duty. 

Sec.  10.  The  Clerks  shall  keep  the  accounts  of  the  prisons  to 
which  they  are  severally  appointed,  in  such  manner  as  to  exhibit 
clearly  all  its  financial  transactions.  A  register  of  convicts  shall  be 
kept,  in  which  shall  be  entered  the  name  of  each  convict,  the  crime 
of  which  he  is  convicted,  the  period  of  his  sentence,  from  what 
county,  by  what  Court  sentenced,  his  nativity,  to  what  degree  edu¬ 
cated,  at  what  institution,  and  under  what  system;  an  accurate 
description  of  his  person,  and  whether  he  has  been  previously  con¬ 
fined  in  a  State  Prison  in  this  or  any  other  State,  and  if  so,  when  and 
how  he  was  discharged.  The  Clerks  shall  also  act  as  Secretaries  of 
the  Board  while  in  session  at  the  prisons. 

Sec.  11.  The  Board  of  Directors  are  hereby  authorized  and 
required  to  contract  for  provisions,  clothing,  medicines,  forage,  fuel, 
and  all  other  supplies  needed  for  the  support  of  the  prisons  for  any 
period  of  time,  not  exceeding  one  year,  and  such  contract  shall  be 
limited  to  bona  fide  dealers  in  the  several  classes  of  articles  contracted 
for.  Such  contracts  shall  be  given  to  the  lowest  bidder  at  a  public 
letting  thereof,  if  the  price  bid  is  a  fair  and  reasonable  one,  and  not 
greater  than  the  usual  market  value  and  prices.  Each  bid  shall  be 
accompanied  by  such  security  as  the  Board  may  require,  conditional 
upon  the  bidder  entering  into  a  contract  upon  the  terms  of  his  bid, 
on  notice  of  the  acceptance  thereof,  and  furnishing  a  penal  bond, 
with  good  and  sufficient  sureties,  in  such  sum  as  the  Board  may 
direct  and  to  their  satisfaction  that  he  will  faithfully  perform  his 
contract.  Notice  of  the  time,  place,  and  conditions  of  the  letting  of 
such  contract  shall  be  given  for  at  least  two  consecutive  weeks  in 
two  daily  newspapers  printed  and  published  in  the  City  of  San 
Francisco, and  in  one  newspaper  printed  and  published  in  the  City  of 
Sacramento,  and  in  one  newspaper  printed  and  published  in  the 
county  where  the  prison  to  be  supplied  is  situated.  If  all  the  bids  made 
at  such  letting  are  deemed  unreasonably  high,  the  Board  may,  in  their 
discretion,  decline  to  contract,  and  may  again  advertise  for  proposals, 
and  may  so  continue  to  renew  the  advertisement  until  satisfactory 
contracts  are  made  ;  and  in  the  meantime  the  Board  may  contract 
with  any  one  whose  offer  is  regarded  just  and  equitable,  but  no  con¬ 
tract  thus  made  shall  run  more  than  sixty  days,  nor  in  any  case 
extend  beyond  the  public  letting.  No  bid  shall  be  accepted,  nor  a 
contract  entered  into  in  pursuance  thereof,  when  such  bid  is  higher 
than  any  other  bid  at  the  same  letting  for  the  same  class  or  schedule 
of  articles,  and  when  a  contract  can  be  had  at  such  lower  bid.  When 
two  or  more  bids  for  the  same  article  or  articles  are  equal  in  amount, 
the  Board  may  select  the  one  which,  all  things  considered,  may  by 
them  be  thought  best  for  the  interests  of  the  State,  or  they  may 
2 


10 


EXTRACTS  FROM  THE  CODES  AND  STATUTES 


divide  the  contract  between  the  bidders,  as  in  their  judgment  may 
seem  proper  and  right. — [As  amended  March  l^th,  1881. 

Sec.  12.  The  Board  of  Directors  shall  have  power,  in  their  dis¬ 
cretion,  to  purchase  any  clay  lands  suitable  for  brick  making  that 
may  lie  contiguous  to  the  San  Quentin  Prison  grounds,  not  to  exceed 
in  value  the  sum  of  fifteen  thousand  dollars. 

Sec.  13.  No  person  shall  be  appointed  to  any  office,  or  be  em¬ 
ployed  in  the  prisons  on  behalf  of  the  State,  who  is  a  contractor,  or 
the  agent  or  employe  of  a  contractor,  or  who  is  interested  directly  or 
indirectly  in  any  business  carried  on  therein;  and  no  male  person 
who  is  not  a  qualified  elector  of  the  State  of  California  shall  be 
appointed  by  the  Wardens  to  any  office  in  or  about  the  prisons,  nor 
shall  any  one  be  employed  or  appointed  by  virtue  of  this  Act  who  is 
in  the  habit  of  intemperate  use  of  intoxicating  liquors.  A  single 
act  of  intoxication  shall  justify  discharge  or  removal. 

Sec.  14.  The  Governor  shall  have  the  power  to  remove  either  of 
the  Directors  for  misconduct,  incompetency,  or  neglect  of  duty,  upon 
proper  notice  to  him  or  them,  accompanied  by  copies  of  written 
charges,  he  or  they  having  an  opportunity  to  be  heard  thereon. 

Sec.  15.  If  the  office  of  Director  shall  become  vacant  by  death, 
resignation,  removal  by  the  Governor,  or  any  other  cause,  the  vacancy 
shall  be  filled  for  the  unexpired  term  by  the  Governor,  by  and  with 
the  advice  and  consent  of  the  Senate. 

Sec.  16.  The  Wardens  and  Clerks  may  be  removed  by  the  Board 
of  Directors  at  any  time  for  misconduct,  incompetency,  or  neglect  of 
duty;  and  all  other  officers  and  employes  may  be  removed  at  any 
time  at  the  pleasure  of  the  Warden. 

Sec.  17.  The  Directors  shall  receive  no  compensation  other  than 
ten  cents  per  mile  for  traveling  expenses,  and  one  hundred  dollars 
($100)  per  month  for  other  expenses  incurred  while  engaged  in  the 
performance  of  official  duties.  The  Warden  shall  receive  a  salary 
not  less  than  two  thousand  and  four  hundred  dollars  ($2,400),  and 
not  to  exceed  three  thousand  dollars  ($3,000)  per  annum,  in  the  dis¬ 
cretion  of  the  Directors.  The  Clerks  shall  receive  one  thousand  and 
five  hundred  dollars  ($1,500)  per  annum,  and  all  other  officers  and 
employes  shall  receive  such  compensation  as  the  Board  of  Directors 
shall  deem  just  and  equitable  in  each  case. — [As  amended  March  ll^th, 
1881. 

Sec.  18.  All  moneys  received  or  collected  by  the  Wardens  by 
virtue  of  this  Act,  shall  be  paid  by  them  into  the  State  treasury  to 
the  credit  of  a  fund  to  be  known  as  the  State  Prison  Fund,  at  least 
as  often  as  once  per  month,  excepting  so  much  thereof  as  may  be 
necessary  to  pay  the  current  expenses.  The  Wardens  shall  require 
vouchers  for  all  moneys  by  them  expended,  and  safely  keep  the  same 
on  file  in  their  respective  offices  at  the  prisons.  For  all  sums  of 
money  required  to  be  paid,  other  than  for  the  uses  above  named,  as 
well  as  for  said  uses  when  there  is  not  sufficient  money  in  the  hands 
of  the  Wardens,  drafts  shall  be  drawn  on  the  Controller  of  State, 
signed  by  at  least  three  of  the  State  Prison  Directors,  and  counter¬ 
signed  by  the  Warden,  and  the  Controller  of  State  shall  draw  his 
warrant  on  the  State  Treasurer,  who  shall  pay  the  same  out  of  any 
moneys  belonging  to  the  State  Prison  Fund,  or  appropriated  for  the 
use  or  support  of  the  State  Prisons. — [As  amended  March  l^th,  1881. 

Sec.  19.  All  revenues  of  the  prisons,  unless  herein  otherwise  pro¬ 
vided,  shall  be  paid  to  the  Wardens,  who  alone  are  authorized  to 


RELATING  TO  STATE  PRISONS  AND  PRISONERS. 


11 


receipt  for  the  same  and  discharge  from  liability.-  When  any  sum 
of  money  is  paid  to  the  Wardens,  they  shall  cause  the  same  to  be 
properly  entered  on  the  books  by  the  Clerks. 

Sec.  20.  On  payment  of  any  moneys  into  the  State  treasury,  as 
provided  in  this  Act,  the  Wardens  and  State  Treasurer  shall  report 
to  the  Controller  of  State  the  amount  so  paid,  and  the  State  Treas¬ 
urer  shall  give  the  Wardens  a  receipt  therefor,  which  receipt  shall 
be  filed  with  the  Controller.  The  Wardens  shall  report  to  the  Con¬ 
troller  of  State  the  amount  of  money  paid  into  said  treasury  by  them 
during  each  month,  and  shall  also  report  to  said  Controller  of  State 
the  amounts  received  and  disbursed  by  them  every  three  months, 
and  during  the  period  for  which  such  report  shall  be  made,  which 
quarterly  report  shall  be  signed  by  the  Warden  and  at  least  three 
of  the  Directors. — [ As  amended  March  14th,  1881. 

Sec.  21.  All  convicts  not  employed  on  contracts  may  be  employed 
by  authority  of  the  Board  of  Directors,  under  charge  of  the  Wardens 
and  such  skilled  foremen  as  he  may  deem  necessary  in  the  perform¬ 
ance  of  work  for  the  State,  or  in  the  manufacture  of  any  article  or 
articles  which,  in  the  opinion  of  the  Board,  may  inure  to  the  best 
interests  of  the  State;  and  the  Board  of  Directors  are  hereby  author¬ 
ized  to  purchase,  from  time  to  time,  such  tools,  machinery,  and  mate¬ 
rials,  and  to  direct  the  employment  of  such  skilled  foremen  as  may 
be  necessary  to  carry  out  the  provisions  of  this  section,  and  to  dis¬ 
pose  of  the  articles  manufactured  and  not  needed  by  the  State,  for 
cash,  at  ptiblic  auction  or  otherwise.  If  by  auction,  after  having 
first  given  notice  of  such  sale  by  advertising  the  time  and  place 
thereof,  together  with  a  list  of  the  articles  to  be  sold,  in  ten  consecu¬ 
tive  issues  of  two  or  more  daily  newspapers  of  general  circulation 
published  in  the  City  and  County  of  San  Francisco.  The  money 
received  from  the  sale  of  all  articles  so  sold  shall  be  paid  into  the 
State  treasury,  by  the  Warden  of  the  prison,  to  the  credit  of  the  fund 
of  said  prison. 

Sec.  22.  In  the  treatment  of  the  prisoners  the  following  general 
rules  shall  be  observed:  Each  convict  shall  be  provided  with  a 
bed  of  straw,  or  other  suitable  material,  and  sufficient  covering  of 
blankets,  and  shall  be  supplied  with  garments  of  coarse,  substantial 
material,  of  distinctive  manufacture,  and  with  sufficient  plain  and 
wholesome  food,  of  such  variety  as  may  be  most  conducive  to  good 
health. 

Second — No  punishment  shall  be  inflicted,  except  by  the  order  and 
under  the  direction  of  the  Wardens. 

Third — The  Warden  shall  keep  a  correct  account  of  all  money  and 
valuables  upon  the  prisoner  when  delivered  at  the  prison,  and  shall 
pay  the  amount,  or  the  proceeds  thereof,  or  return  the  same  to  the 
convict  when  discharged,  or  to  his  legal  representatives  in  case  of  his 
death ;  and  in  case  of  the  death  of  such  convict  without  being- 
released,  if  no  legal  representative  shall  demand  such  property 
within  five  years,  the  same  shall  be  paid  into  the  State  Prison  Fund. 

Fourth — The  rules  and  regulations  prescribing  the  duties  and  obli¬ 
gations  of  the  prisoners  shall  be  printed  and  hung  up  in  each  cell 
and  shop. 

Fifth — Each  convict,  when  he  leaves  the  prison,  shall  be  supplied 
with  the  money  taken  from  him  when  he  entered,  and  which  lie  has 
not  disposed  of,  together  with  any  sum  which  may  have  been  earned 
by  him  for  his  own  account,  allowed  to  him  by  the  State  for  good 


12 


EXTRACTS  FROM  THE  CODES  AND  STATUTES 


conduct  or  diligent  labor,  or  may  have  been  presented  to  him  from 
any  source;  and  in  case  the  prisoner  has  not  funds  sufficient  for 
present  purposes,  he  shall  be  furnished  with  five  dollars  in  money, 
a  suit  of  clothes  costing  not  more  than  ten  dollars,  and  a  half-fare 
ticket  to  the  place  where  sentenced,  if  the  prisoner  desires  to  return 
there,  or  to  any  other  place  of  the  same  cost;  and  he  shall  be  enti¬ 
tled,  if  he  so  elect,  to  immunity  from  having  his  hair  cut,  or  from 
being  shaved,  for  three  calendar  months  immediately  prior  to  his 
discharge.  It  shall  not  be  lawful  for  the  officers  of  the  prison  to 
furnish,  or  permit  to  be  furnished,  to  any  one,  for  publication,  the 
name  of  any  prisoner  about  to  be  discharged.  When  the  Warden, 
and  such  other  officers  as  may  be  designated  by  the  Directors  to  act 
with  him  in  such  cases,  shall  be  of  opinion  that  any  convict  is  insane, 
they  shall  make  proper  examination,  and  if  they  remain  of  the 
opinion  that  such  person  is  insane,  the  Warden  shall  certify  the  fact 
to  the  Superintendent  of  one  of  the  State  Asylums  for  the  insane, 
and  shall  forthwith  send  such  convict  to  said  Asylum  for  care  and 
treatment.  It  shall  be  the  duty  of  the  Warden,  also,  to  send  to  the 
Directors  a  copy  of  such  certificate,  and  thereafter  a  statement  as  to 
his  subsequent  acts  regarding  the  said  insane  convict.  And  it  shall 
be  the  duty  of  the  Superintendent  of  the  Insane  Asylum  to  receive 
such  insane  convict  and  keep  him  until  cured.  It  shall  be  his  duty, 
upon  the  receipt  of  such  insane  convict,  to  notify  the  Directors  of 
the  fact,  giving  name,  date,  and  where  from,  and  from  whose  hands 
received.  When,  in  the  opinion  of  the  Superintendent,  such  insane 
convict  is  cured  of  insanity,  it  shall  be  his  duty  to  immediately  notify 
the  Directors  thereof;  and  it  shall  be  his  duty,  also,  to  notify  the 
Warden  of  the  prison  from  whence  he  was  received,  who  shall  imme¬ 
diately  send  for,  take,  and  receive  the  said  convict  back  into  the 
prison,  the  time  passed  at  the  Asylum  counting  as  a  part  of  such 
convict’s  sentence.  Before  discharging  any  convict  who  may  be 
insane  at  the  time  of  the  expiration  of  his  sentence,  the  Warden 
shall  first  give  notice,  in  writing,  to  a  Judge  of  a  Superior  Court  of 
the  county  in  which  the  State  Prison  may  be  located,  over  which  he 
has  control,  of  the  fact  of  such  insanity;  whereupon  said  Court  shall 
forthwith  make  an  order,  and  deliver  the  same  to  the  Sheriff  of  said 
county,  commanding  him  to  remove  such  insane  convict  and  take 
him  before  said  Court.  Upon  the  receipt  of  such  order,  it  shall  be 
the  duty  of  said  Sheriff  to  whom  it  is  directed  to  execute  and  return 
the  same  forthwith  to  the  Court  by  whom  it  was  issued,  and  there¬ 
upon  the  said  Court  shall  cause  proper  examination  to  be  made  by 
medical  experts,  and  if  it  shall  satisfactorily  appear  that  such  con¬ 
vict  is  insane,  said  Court  shall  order  him  to  be  confined  in  one  of 
the  Insane  Asylums.  The  Sheriff  shall  receive  the  same  compensa¬ 
tion  as  for  transferring  a  prisoner  to  the  State  Prison,  and  to  be  paid 
in  the  same  manner.  If  any  Judge,  after  having  been  so  notified  by 
the  Warden,  shall  neglect  to  cause  such  order  to  be  made  as  herein 
provided,  or  any  such  Sheriff  shall  neglect  to  remove  such  insane 
convict,  as  required  by  the  provisions  of  this  section,  it  shall  be  the 
duty  of  the  Warden  to  cause  such  insane  convict  to  be  removed 
before  a  Superior  Court  of  a  county  in  which  the  State  Prison  is 
located,  in  charge  of  an  officer  of  the  prison,  or  other  suitable  per¬ 
son,  for  the  purpose  of  examination;  and  the  cost  of  such  removal 
shall  be  paid  out  of  the  State  treasury,  in  the  same  manner  as  when 
removed  by  the  Sheriff  as  herein  provided. 


RELATING  TO  STATE  PRISONS  AND  PRISONERS. 


i  o 
lo 


Sec.  23.  The  Board  of  State  Prison  Directors  of  this  State  shall 
require  of  every  able-bodied  convict  confined  in  a  State  Prison  as 
many  hours  of  faithful  labor,  in  each  and  every  day  during  his  term 
of  imprisonment,  as  shall  be  prescribed  by  the  rules  and  regulations 
of  the  prison;  and  every  convict  faithfully  performing  such  labor, 
and  being  in  all  respects  obedient  to  the  rules  and  regulations  of  the 
prison,  or  if  unable  to  work,  yet  faithful  and  obedient,  shall  be 
allowed  from  his  term,  instead  and  in  lieu  of  the  credits  heretofore 
allowed  by  law,  a  deduction  of  two  months  in  each  of  the  first  two 
years,  four  months  in  each  of  the  next  two  years,  and  five  months  in 
each  of  the  remaining  years  of  said  term ;  provided ,  that  any  such 
convict  who  shall  commit  an  assault  upon  his  keeper,  or  any  fore¬ 
man,  officer,  or  convict,  or  otherwise  endanger  life,  or  by  any  flagrant 
disregard  of  the  rules  of  the  prison,  or  any  misdemeanor  whatever, 
shall  forfeit  all  deductions  of  time  earned  by  him  for  good  conduct 
before  the  commission  of  such  offense;  such  forfeiture,  however,  shall 
only  be  made  by  the  Board  of  Directors,  after  due  proof  of  the  offense, 
and  notice  to  the  offender;  nor  shall  such  forfeiture  be  imposed  when 
a  party  has  violated  any  rule  or  rules  without  violence  or  evil  intent, 
of  which  the  Directors  shall  be  the  sole  judges.  The  name  of  no 
convict  who  attempts  to  escape,  after  the  passage  of  this  Act,  shall 
be  sent  by  the  State  Prison  officials  to  the  Governor  for  the  credits 
herein  provided. 

Sec.  24.  All  criminals  sentenced  to  the  State  Prisons  by  the 
authority  of  the  United  States  shall  be  received  and  kept  according 
to  the  sentence  of  the  Court  by  which  they  were  tried,  and  the  pris¬ 
oners  so  confined  shall  be  subject,  in  all  respects,  to  the  same  disci¬ 
pline  and  treatment  as  though  committed  under  the  laws  of  this  State. 
The  Wardens  are  hereby  authorized  to  charge  and  receive  from  the 
United  States,  for  the  use  of  the  State,  an  amount  sufficient  for  the 
support  of  each  prisoner,  the  cost  of  all  clothing  that  may  be  fur¬ 
nished,  and  one  dollar  per  month  for  the  use  of  the  prisoner.  No 
other  or  further  charge  shall  be  made  by  any  officer  for  or  on 
account  of  such  prisoners. 

Sec.  25.  After  the  first  day  of  January,  eighteen  hundred  and 
eighty-two,  the  labor  of  convicts  shall  not  be  let  out  by  contract  to 
any  person,  copartnership,  company,  or  corporation,  by  the  State 
Board  of  Prison  Directors,  nor  shall  they  let  out  any  such  labor 
prior  to  January  first,  eighteen  hundred  and  eighty-two,  by  contract 
extending  beyond  such  date;  provided,  that  after  the  passage  of  this 
Act,  no  skilled  convict  labor  shall  be  let  or  contracted  out  at  a  price 
less  than  one  dollar  per  day  for  each  convict;  provided  further,  that 
this  section  shall  not  apply  to  contracts  heretofore  entered  into. 

Sec.  26.  The  Board  of  Directors  shall  have  power  to  contract  for 
the  supply  of  gas  and  water  for  said  prisons,  upon  such  terms  as  said 
Board  shall  deem  to  be  for  the  best  interest  of  the  State,  or  to  manu¬ 
facture  gas  or  furnish  water  themselves,  at  their  option. 

Sec.  27.  No  officer  or  employe  shall  receive,  directly  or  indirectly, 
any  compensation  for  his  services  other  than  that  prescribed  by  the 
Directors;  nor  shall  he  receive  any  compensation  whatever,  directly 
or  indirectly,  for  any  act  or  service  which  he  may  do  or  perform  for 
or  on  behalf  of  any  contractor,  or  agent,  or  employe  of  a  contractor. 
For  any  violation  of  the  provisions  of  this  section,  the  officer,  agent, 
or  employe  of  the  State  shall  be  discharged  from  his  office  or  service ; 
and  every  contractor,  or  employe,  or  agent  of  a  contractor  engaged 


14 


EXTRACTS  FROM  THE  CODES  AND  STATUTES 


therein,  shall  be  expelled  from  the  prison  grounds,  and  not  again 
permitted  within  the  same  as  a  contractor,  agent,  or  employ^. 

Sec.  28.  No  officer  or  employe  of  the  State,  or  contractor  or  em¬ 
ploye  of  a  contractor,  shall,  without  permission  of  the  Board  of 
Directors,  make  any  gift  or  present  to  a  convict,  or  receive  any  from 
a  convict,  or  have  any  barter  or  dealings  with  a  prisoner.  For  every 
violation  of  the  provisions  of  this  section,  the  party  engaged  therein 
shall  incur  the  same  penalty  as  prescribed  in  section  twenty-seven. 

Sec.  29.  No  officer  or  employe  of  the  prison  shall  be  interested, 
directly  or  indirectly,  in  any  contract  or  purchase  made  or  author¬ 
ized  to  be  made  by  any  one  for  or  on  behalf  of  the  prisons. 

Sec.  31.  There  shall  be  printed  annually,  for  the  use  of  the  prisons, 
five  hundred  copies  of  the  annual  report  of  the  Board  of  Directors, 
and  the  Clerk  shall  annually  transmit  to  each  of  the  State  Prisons 
in  the  United  States  one  copy  of  such  report. 

Sec.  32.  All  the  bonds  of  officers  and  employes  under  this  Act 
shall  be  deposited  with  the  Secretary  of  State. 

Sec.  33.  If  any  of  the  shops  or  buildings  in  which  convicts  are 
employed  are  destroyed  in  any  way,  or  injured  by  fire  or  otherwise, 
they  may  be  rebuilt  or  repaired  immediately,  under  the  direction  of 
the  Board  of  Directors,  by  and  with  the  advice  and  consent  of  the 
Governor,  Attorney-General,  and  Secretary  of  State,  and  the  expenses 
thereof  paid  out  of  any  funds  in  the  State  treasury  not  otherwise 
appropriated  by  law. 

Sec.  34.  The  Board  of  Directors  must  report  to  the  Governor  from 
time  to  time  the  names  of  any  and  all  persons  confined  in  the  State 
Prisons  who,  in  their  judgment,  ought  to  be  pardoned  out  and  set  at 
liberty  on  account  of  good  conduct,  or  unusual  term  of  sentences,  or 
any  other  cause,  which,  in  their  opinion,  should  entitle  such  prisoner 
to  pardon. 

Sec.  35.  All  Acts  and  parts,  of  Acts  inconsistent  with  the  provis¬ 
ions  of  this  Act  are  hereby  repealed. 

Sec.  36.  This  Act  shall  take  effect  immediately. 


Chapter  XXXIX. — An  Act  to  encourage  the  planting  of  jute.  (Ap¬ 
proved  April  9th,  1880.) 

The  People  of  the  State  of  California ,  represented  in  Senate  and  Assem¬ 
bly,  do  enact  as  follows : 

Section  1.  That  the  President  of  the  State  Agricultural  College 
shall  cause  to  be  planted  to  jute  not  less  than  one  nor  more  than 
five  acres  of  ground,  for  the  purpose  of  testing  the  practicability  of 
its  successful  cultivation  in  this  State. 

Sec.  2.  The  amount  of  money  expended  in  carrying  out  the  pro¬ 
visions  of  section  one  of  this  Act  shall  be  taken  from  the  fund 
appropriated  for  the  support  of  said  Agricultural  College. 

Sec.  3.  This  Act  shall  take  effect  and  be  in  force  from  and  after 
its  passage. 


RELATING  TO  STATE  PRISONS  AND  PRISONERS. 


15 


Chapter  LVI. — An  Act  concerning  the  payment  of  the  expenses  and 
costs  of  the  trial  of  convicts  for  crimes  committed  in  the  State  Prison, 
and  to  pay  the  costs  of  the  trial  of  escaped  convicts,  and  to  pay  for  the 
expenses  of  Coroner  inquests  in  said  prison.  (Approved  April  12th, 
1880.) 

7  he  People  of  the  State  of  California ,  represented  in  Senate  and  Assem¬ 
bly,  do  enact  as  follows: 

Section  1.  The  costs  and  expenses  of  all  trials  which  have 
heretofore  been  had  in  the  county  in  this  State  where  the  State 
Prison  is  situated,  for  any  crime  committed  by  any  convict  in  the 
State  Prison,  and  the  costs  of  guarding  and  keeping  such  convict, 
and  the  execution  of  the  sentence  of  said  convict  by  said  county, 
and  the  costs  and  expenses  of  all  trials  heretofore  had  for  the  escape 
of  any  convict  from  the  State  Prison,  and  the  costs  and  expenses  of 
all  Coroner  inquests  heretofore  had  of  any  convict  at  the  State  Prison 
by  the  county  where  said  prison  has  been  situated,  shall  be  certified 
to  by  the  County  Clerk  of  said  county  wherein  said  trials  and  inquests 
have  been  held  to  the  Board  of  State  Prison  Directors  for  their 
approval,  and  after  such  approval  they  shall  pay  the  same  out  of  the 
money  appropriated  for  the  support  of  the  State  Prison  to  the  County 
Treasurer  of  said  county  where  said  trials  have  been  had;  “provided, 
that  this  Act  shall  not  apply  to  any  costs  or  expenses  incurred  since 
January  first,  eighteen  hundred  and  seventy-three.” 

Sec.  2.  This  Act  shall  only  apply  to  cases  which  have  not  been 
settled  for  by  the  State. 

Sec.  3.  This  Act  shall  take  effect  immediately. 


Chapter  LX  VIII. — An  Act  to  provide  for  the  deficiency  in  the  appro¬ 
priation  “for  arresting  criminals  without  the  limits  of  the  State f  dur¬ 
ing  the  thirtieth  fiscal  year.  (Approved  April  15th,  1880.) 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assem¬ 
bly,  do  enact  as  follows : 

Section  1.  The  sum  of  two  hundred  and  fifty-two  dollars  and 
seventy  cents  ($252  70)  is  hereby  appropriated  out  of  any  money  in 
the  State  treasury  not  otherwise  appropriated,  to  pay  the  deficiency 
in  the  appropriation  “for  arresting  criminals  without  the  limits  of 
the  State,”  during  the  thirtieth  fiscal  year. 

Sec.  2.  This  Act  shall  take  effect  immediately. 


Chapter  CII. — An  Act  making  appropriations  for  the  support  of  the 
government  of  the  State  of  California,  for  the  thirty-second  fiscal  year. 
(Approved  April  16th,  1880.) 

For  support  of  State  Prisons,  two  hundred  and  ninety-one  thou¬ 
sand  dollars. 


16 


EXTRACTS  FROM  THE  CODES  AND  STATUTES 


For  transportation  of  prisoners  to  State  Prison,  fifteen  thousand 
dollars. 

For  transportation  of  discharged  prisoners,  two  thousand  four 
hundred  dollars. 

For  deficiency  in  the  appropriation  for  the  support  of  State  Pris¬ 
ons  for  the  thirty-first  fiscal  year,  fifty-one  thousand  dollars.  For 
deficiency  in  the  appropriation  for  the  construction  of  the  Branch 
State  Prison,  at  Folsom,  nine  thousand  dollars. — [  Vetoed . 


Chapter  XXII. — Assembly  Joint  Resolution  No.  10,  relative  to  the 
enforcement  of  the  United  States  Statute,  making  eight  hours  the  length 
of  a  day’s  labor  on  public  works.  (Adopted  April  10th,  1880.) 

Whereas,  In  the  State  of  California  there  is  now  being  done  and 
performed,  for  the  Government  of  the  United  States,  a  large 
amount  of  work  and  labor;  and  whereas,  the  laborers  who  per¬ 
form  said  work  are  actually  compelled  to  labor  more  than  eight 
hours  a  day,  as  a  day’s  work;  and  whereas,  such  day’s  work  is  con¬ 
trary  to  the  provisions  of  section  three  thousand  seven  hundred 
and  thirty-eight  of  the  Revised  Statutes  of  the  United  States; 
♦  therefore,  be  it 

Resolved  by  the  Assembly,  the  Senate  concurring,  That  our  Senators 
in  Congress  be  directed,  and  our  Representatives  be  requested,  to 
urge  upon  and  use  their  influence  to  have  the  President  of  the  United 
States  and  his  Cabinet  to  enforce  said  section  three  thousand  seven 
hundred  and  thirty-eight,  by  compelling  all  public  work  to  be  per¬ 
formed  under  the  provisions  of  said  section. 

Resolved,  That  his  Excellency  Geo.  C.  Perkins,  Governor  of  Cali¬ 
fornia,  be  directed  to  forthwith  transmit  a  copy  hereof  to  our  Sena¬ 
tors  and  Representatives. 


RELATING  TO  STATE  PRISONS  AND  PRISONERS. 


17 


Extracts  from  the  Statutes  of  1881. 


Chapter  XXXVIII. — An  Act  making  appropriation  for  deficiencies 
for  the  completion  of  the  Branch  State  Prison  at  Folsom,  prior  to  the 
thirty-second  fiscal  year.  (Approved  March  4tli,  1881.) 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assem¬ 
bly,  do  enact  as  follows : 

Section  1.  The  sum  of  eight  thousand  nine  hundred  and  forty- 
five  dollars  is  hereby  appropriated  out  of  any  money  in  the  State 
treasury  not  otherwise  appropriated,  for  the  payment  of  deficiencies 
for  the  completion  of  the  Branch  State  Prison  at  Folsom,  prior  to 
the  thirty-second  fiscal  year. 

Sec.  2.  This  Act  shall  take  effect  immediately. 


Chapter  XXXIX. — An  Act  making  appropriations  for  the  purchase 
of  jute,  jute  machinery,  lands ,  and  erection  of  buildings  for  the  manu¬ 
facture  of  jute  for  the  State  Prison  at  San  Quentin,  and  other  expenses 
incidental  and  relating  thereto.  (Approved  March  4th,  1881.) 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assem¬ 
bly,  do  enact  as  follows: 

Section  1.  The  sum  of  two  hundred  and  nineteen  thousand  dol¬ 
lars  ($219,000)  is  hereby  appropriated  out  of  any  money  in  the  State 
treasury  not  otherwise  appropriated,  to  be  paid  to  the  State  Board  of 
Prison  Directors,  to  pay  for  the  purchase  of  jute,  jute  machinery, 
lands,  and  erection  of  buildings  for  the  manufacture  of  jute,  and 
other  expenses  immediately  appertaining  to  the  carrying  out  of  the 
object  of  this  Act  for  the  State  Prison  at  San  Quentin. 

Sec.  2.  The  Controller  of  State  is  hereby  authorized  and  directed 
to  draw  his  warrant  upon  the  State  Treasurer  in  favor  of  said  Prison 
Directors  for  said  sum,  and  the  State  Treasurer  is  hereby  directed  to 
pay  the  same  when  presented. 

Sec.  3.  This  Act  shall  take  effect  immediately. 


Chapter  Cl. — Appropriations  for  the  thirty-third  and  thirty -fourth  fiscal 

years.  (Approved  May  12th ,  1881.) 

For  support  of  State  Prison  at  San  Quentin,  one  hundred  and  sixty 
thousand  dollars  for  the  thirty-third  fiscal  year,  and  for  the  support 
of  the  State  Prison  at  San  Quentin,  one  hundred  thousand  dollars 
for  the  thirty-fourth  fiscal  year. 

3 


18 


EXTRACTS  FROM  THE  CODES  AND  STATUTES 


For  the  support  of  State  Prison  at  Folsom,  one  hundred  and  ninety 
thousand  dollars. 

For  the  purchase  of  lime,  cement,  and  other  articles  necessary  for 
the  construction  of  a  wall  about  the  State  Prison  at  Folsom,  ten 
thousand  dollars. — [  Vetoed . 

For  transportation  of  prisoners  to  the  prisons,  forty  thousand  dol¬ 
lars. 

POLITICAL  CODE. 

Sec.  382.  The  Governor  must  cause  to  be  kept  the  following 
records: 

1.  A  register  of  all  applications  for  pardon  or  for  commutation  of 
any  sentence,  with  a  list  of  the  official  signatures  and  recommenda¬ 
tions  in  favor  of  each  application; 

2.  A  register  of  statements  in  capital  cases  made  to  him,  with  his 
action  thereon ; 

3.  An  account  of  all  his  official  expenses  and  disbursements,  in¬ 
cluding  the  incidental  expenses  of  his  department,  and  of  all  rewards 
offered  by  him  for  the  apprehension  of  criminals  and  persons  charged 
with  crime ; 

4.  A  register  of  all  appointments  made  by  him,  with  date  of  com¬ 
mission,  names  of  appointee  and  predecessor; 

5.  A  record  of  all  persons  confined  in  the  State  Prison,  showing 
the  name  of  the  convict,  his  age  and  general  appearance,  wl*en  and 
where  convicted,  and  of  what  crime,  the  time  of  his  sentence,  and 
when  such  time  expires. 


RELATING  TO  STATE  PRISONS  AND  PRISONERS. 


19 


Extracts  from  the  Codes. 


Sec.  101.  Every  person  who  rescues  or  attempts  to  rescue,  or  aids 
another  person  in  rescuing  or  attempting  to  rescue,  any  prisoner  from 
any  prison,  or  from  any  officer  or  person  having  him  in  lawful 
custody,  is  punishable  as  follows: 

1.  If  such  prisoner  was  in  custody  upon  a  conviction  of  felony 
punishable  with  death,  by  imprisonment  in  the  State  Prison  not  less 
than  one  nor  more  than  fourteen  years; 

2.  If  such  prisoner  was  in  custody  upon  a  conviction  of  any  other 
felony,  by  imprisonment  in  the  State  Prison  not  less  than  six  months 
nor  more  than  five  years; 

3.  If  such  prisoner  was  in  custody  upon  a  charge  of  felony,  by  a 
fine  not  exceeding  one  thousand  dollars  and  imprisonment  in  the 
county  jail  notexceeding  two  > ears ; 

4.  If  such  prisoner  was  in  custody  otherwise  than  upon  a  charge 
or  conviction  of  felony,  by  fine  not  exceeding  five  hundred  dollars 
and  imprisonment  in  the  county  jail  not  exceeding  six  months. 

Sec.  102.  Every  person  who  willfully  injures  or  destroys,  or  takes 
or  attempts  to  take,  or  assists  any  person  in  taking  or  attempting  to 
take,  from  the  custody  of  any  officer  or  person,  any  personal  property 
which  such  officer  or  person  has  in  charge  under  any  process  of  law, 
is  guilty  of  a  misdemeanor. 

Sec.  107.  Every  prisoner  confined  in  any  other  prison  than  the 
State  Prison,  who  escapes  or  attempts  to  escape  therefrom,  is  guilty 
of  a  misdemeanor. 

Sec.  108.  Every  keeper  of  a  prison,  sheriff,  deputy  sheriff,  con¬ 
stable,  or  jailer,  or  person  employed  as  a  guard,  who  fraudulently 
contrives,  procures,  aids,  connives  at,  or  voluntarily  permits,  the 
escape  of  any  prisoner  in  custody,  is  punishable  by  imprisonment  in 
the  State  Prison  net  exceeding  ten  years,  and  fine  not  exceeding  ten 
thousand  dollars. 

Sec.  109.  Every  person  who  willfully  assists  any  prisoner  confined 
in  any  prison  or  in  the  lawful  custody  of  any  officer  or  person  to 
escape,  or  in  an  attempt  to  escape  from  such  prison  or  custody,  is 
punishable  as  provided  in  Section  108  of  this  Code. 

Sec.  110.  Every  person  who  carries  or  sends  into  a  prison  any¬ 
thing  useful  to  aid  a  prisoner  in  making  his  escape,  with  intent 
thereby  to  facilitate  the  escape  of  any  prisoner  confined  therein,  is 
punishable  as  provided  in  Section  108  of  this  Code. 

Sec.  150.  Every  male  person  above  eighteen  years  of  age  who 
neglects  or  refuses  to  join  the  posse  comitatus  or  power  of  the  county, 
by  neglecting  or  refusing  to  aid  and  assist  in  taking  or  arresting  any 
person  against  whom  there  may  be  issued  any  process,  or  by  neglect¬ 
ing  to  aid  and  assist  in  retaking  any  person  who,  after  being  arrested 
or  confined,  may  have  escaped  from  such  arrest  or  imprisonment,  or 
by  neglecting  or  refusing  to  aid  and  assist  in  preventing  any  breach 
of  the  peace,  or  the  commission  of  any  criminal  offense,  being  there¬ 
to  lawfully  required  by  any  sheriff,  deputy  sheriff,  coroner,  constable, 
judge,  or  justice  of  the  peace,  or  otfier  officer  concerned  in  the  admin- 


20 


EXTRACTS  FROM  THE  CODES  AND  STATUTES 


istration  of  justice,  is  punishable  by  line  of  not  less  than  fifty  nor 
more  than  one  thousand  dollars. 

Sec.  171.  Every  person,  not  authorized  by  law,  who,  without  the 
consent  of  the  Warden,  or  other  officer  in  charge  of  the  State  Prison, 
communicates  with  any  convict  therein,  or  brings  into  or  conveys 
out  of  the  State  Prison  any  letter  or  writing  to  or  from  any  convict, 
is  guilty  of  a  misdemeanor. 

Sec.  172.  Every  person  who,  within  two  miles  of  the  land  belong¬ 
ing  to  this  State,  upon  which  the  State  Prison  is  situated,  or  within 
one  mile  of  the  Insane  Asylum  at  Napa,  or  within  one  mile  of  the 
grounds  belonging  and  adjacent  to  the  University  of  California  in 
Alameda  County,  or  in  the  State  Capitol,  or  within  the  limits  of  the 
grounds  adjacent  and  belonging  thereto,  sells,  gives  away,  or  exposes 
for  sale,  any  vinous  or  alcoholic  liquors,  is  guilty  of  a  misdemeanor. 
[Amendment,  approved  April  3,  1876,] 

Sec.  666.  Every  person  who,  having  been  convicted  of  any  offense 
punishable  by  imprisonment  in  the  State  Prison,  commits  any  crime 
after  such  conviction,  is  punishable  therefor,  as  follows: 

1.  If  the  offense  of  which  such  person  is  subsequently  convicted 
is  such  that,  upon  a  first  conviction,  an  offender  would  be  punishable 
by  imprisonment  in  the  State  Prison  for  any  term  exceeding  five 
years,  such  person  is  punishable  by  imprisonment  in  the  State  Prison 
not  less  than  ten  years; 

2.  If  the  subsequent  offense  is  such  that,  upon  a  first  conviction, 
the  offender  would  be  punishable  by  imprisonment  in  the  State 
Prison  for  five  years,  or  any  less  term,  then  the  person  convicted  of 
such  subsequent  offense  is  punishable  by  imprisonment  in  the  State 
Prison  not  exceeding  ten  years; 

3.  If  the  subsequent  conviction  is  for  petit  larceny,  or  any  attempt 
to  commit  an  offense  which,  if  committed,  would  be  punishable  by 
imprisonment  in  the  State  Prison  not  exceeding  five  years,  then  the 
person  convicted  of  such  subsequent  offense  is  punishable  by  impris¬ 
onment  in  the  State  Prison  not  exceeding  five  years. 

Sec.  667.  Every  person  who,  having  been  convicted  of  petit 
larceny,  or  of  an  attempt  to  commit  an  offense  which,  if  perpetrated, 
would  be  punishable  by  imprisonment  in  the  State  Prison,  commits 
any  crime  after  such  conviction,  is  punishable  as  follows: 

1.  If  the  subsequent  offense  is  such  that,  upon  a  first  conviction, 
the  offender  would  be  punishable  by  imprisonment  in  the  State 
Prison  for  life,  at  the  discretion  of  the  Court,  such  person  is  punish¬ 
able  by  imprisonment  in  such  prison  during  life; 

2.  If  the  subsequent  offense  is  such  that,  upon  a  first  conviction, 
the  offender  would  be  punishable  by  imprisonment  in  the  State 
Prison  for  any  term  less  than  for  life,  such  person  is  punishable  by 
imprisonment  in  such  prison  for  the  longest  term  prescribed,  upon 
a  conviction  of  such  first  offense; 

3.  If  the  subsequent  conviction  is  for  petit  larceny,  or  for  an 
attempt  to  commit  an  offense,  which,  if  perpetrated,  would  be  punish¬ 
able  by  imprisonment  in  the  State  Prison,  then  such  person  is  pun¬ 
ishable  by  imprisonment  in  such  prison  not  exceeding  five  years. 

Sec.  669.  When  any  person  is  con  victed  of  two  or  more  crimes 
before  sentence  has  been  pronounced  upon  him  for  either,  the  impris¬ 
onment  to  which  he  is  sentenced  upon  the  second  or  other  subsequent 
conviction  must  commence  at  the  termination  of  the  first  term  of 
imprisonment  to  which  he  shall  be  adjudged,  or  at  the  termination 


RELATING  TO  STATE  PRISONS  AND  PRISONERS. 


21 


of  the  second  or  other  subsequent  term  of  imprisonment,  as  the  case 
may  be. 

Sec.  670.  The  term  of  imprisonment  fixed  by  the  judgment  in  a 
criminal  action  commences  to  run  only  upon  the  actual  delivery  of 
the  defendant  at  the  place  of  imprisonment,  and  if  thereafter,  during 
such  term,  the  defendant  by  any  legal  means  is  temporarily  released 
from  such  imprisonment  and  subsequently  returned  thereto,  the 
time  during  which  he  was  at  large  must  not  be  computed  as  part  of 
such  term. 

Sec.  671.  Whenever  any  person  is  declared  punishable  for  a  crime 
by  imprisonment  in  the  State  Prison  for  a  term  not  less  than  any 
specified  number  of  years,  and  no  limit  to  the  duration  of  such  im¬ 
prisonment  is  declared,  the  Court  authorized  to  pronounce  judgment 
upon  such  conviction  may,  in  its  discretion,  sentence  such  offender 
to  imprisonment  during  his  natural  life,  or  for  any  number  of  years 
not  less  than  that  prescribed. 

Sec.  672.  Upon  a  conviction  for  any  crime  punishable  by  impris¬ 
onment  in  any  jail  or  prison,  in  relation  to  which  no  fine  is  herein 
prescribed,  the  Court  may  impose  a  fine  on  the  offender  not  exceed¬ 
ing  two  hundred  dollars  in  addition  to  the  imprisonment  prescribed. 

Sec.  673.  A  sentence  of  imprisonment  in  a  State  Prison  for  any 
term  less  than  for  life  suspends  all  the  civil  rights  of  the  person  so 
sentenced,  and  forfeits  all  public  offices  and  all  private  trusts,  author¬ 
ity,  or  power  during  such  imprisonment. 

Sec.  674.  A  person  sentenced  to  imprisonment  in  the  State  Prison 
for  life  is  thereafter  deemed  civilly  dead. 

Sec.  675.  The  provisions  of  the  last  two  preceding  sections  must 
not  be  construed  to  render  the  persons  therein  mentioned  incompe¬ 
tent  as  witnesses  upon  the  trial  of  a  criminal  action  or  proceeding, 
or  incapable  of  making  and  acknowledging  a  sale  or  conveyance  of 
property.  [ Amendment ,  approved  March  30, 187 4;  Amendments  1873-4, 
435;  took  effect  July  1,  1874. 

Sec.  676.  The  person  of  a  convict  sentenced  to  imprisonment  in 
the  State  Prison  is  under  the  protection  of  the  law,  and  any  injury 
to  his  person,  not  authorized  by  law,  is  punishable  in  the  same  man¬ 
ner  as  if  he  was  not  convicted  or  sentenced. 

Sec.  677.  No  conviction  of  any  person  for  crime  works  any  for¬ 
feiture  of  any  property,  except  in  cases  in  which  a  forfeiture  is 
■expressly  imposed  bylaw;  and  all  forfeitures  to  the  people  of  this 
State,  in  the  nature  of  a  deodand,  or  where  any  person  shall  flee 
from  justice,  are  abolished. 

Sec.  834.  An  arrest  is  taking  a  person  into  custody,  in  a  case  and 
in  the  manner  authorized  b}^  law.  An  arrest  may  be  made  by  a 
peace  officer  or  by  a  private  person. 

Sec.  835.  An  arrest  is  made  by  an  actual  restraint  of  the  person 
■of  the  defendant,  or  by  his  submission  to  the  custody  of  an  officer. 
The  defendant  must  not  be  subjected  to  any  more  restraint  than  is 
necessary  for  his  arrest  and  detention. 

Sec.  836.  A  peace  officer  may  make  an  arrest  in  obedience  to  a 
warrant  delivered  to  him,  or  may,  without  a  warrant,  arrest  a  person: 

1.  For  a  public  offense  committed  or  attempted  in  his  presence. 

2.  When  a  person  arrested  has  committed  a  felony,  although  not 
in  his  presence. 

3.  When  a  felony  has  in  fact  been  committed,  and  he  has  reason¬ 
able  cause  for  believing  the  person  arrested  to  have  committed  it. 


22 


EXTRACTS  FROM  THE  CODES  AND  STATUTES 


4.  On  a  charge  made,  upon  a  reasonable  cause,  of  the  commission 
of  a  felony  by  the  party  arrested. 

5.  At  night,  when  there  is  reasonable  cause  to  believe  that  he  has 
committed  a  felony. 

Sec.  837.  A  private  person  may  arrest  another: 

1.  For  a  public  offense  committed  or  attempted  in  his  presence. 

2.  When  the  person  arrested  has  committed  a  felony,  although 
not  in  his  presence. 

3.  When  a  felony  has  been  in  fact  committed,  and  he  has  reason¬ 
able  cause  for  believing  the  person  arrested  to  have  committed  it. 

Sec.  838.  A  magistrate  may  orally  order  a  peace  officer  or  private 
person  to  arrest  any  one  committing  or  attempting  to  commit  a  pub¬ 
lic  offense  in  the  presence  of  such  magistrate. 

Sec.  839.  Any  person  making  an  arrest  may  orally  summon  as 
many  persons  as  he  deems  necessary  to  aid  him  therein. 

Sec.  840.  If  the  offense  charged  is  a  felony,  the  arrest  may  be 
made  on  any  day,  and  at  any  time  of  the  day  or  night.  If  it  is  a 
misdemeanor,  the  arrest  cannot  be  made  at  night,  unless  upon  the 
direction  of  the  magistrate,  indorsed  upon  the  warrant. 

Sec.  841.  The  person  making  the  arrest  must  inform  the  person 
to  be  arrested  of  the  intention  to  arrest  him,  of  the  cause  of  the 
arrest,  and  the  authority  to  make  it,  except  when  the  person  to  be 
arrested  is  actually  engaged  in  the  commission  of  or  an  attempt  to 
commit  an  offense,  or  is  pursued  immediately  after  its  commission, 
or  after  an  escape. 

Sec.  842.  If  the  person  making  the  arrest  is  acting  under  the 
authority  of  a  warrant,  he  must  show  the  warrant,  if  required. 

Sec.  843.  When  the  arrest  is  being  made  by  an  officer  under  the 
authority  of  a  warrant,  after  information  of  the  intention  to 
make  the  arrest,  if  the  person  to  be  arrested  either  flees  or  forcibly 
resists,  the  officer  may  use  all  necessary  means  to  effect  the  arrest. 

Sec.  844.  To  make  an  arrest,  a  private  person,  if  the  offense  be  a 
felony,  and  in  all  cases  a  peace  officer,  may  break  open  the  door  or 
window  of  the  house  in  which  the  person  to  be  arrested  is,  or  in 
which  they  have  reasonable  grounds  for  believing  him  to  be,  after 
having  demanded  admittance  and  explained  the  purpose  for  which 
admittance  is  desired.  [ Amendment ,  approved  March  30,  187 A] 

Sec.  845.  Any  person  who  has  lawfully  entered  a  house  for  the 
purpose  of  making  an  arrest,  may  break  open  the  door  or  window 
thereof  if  detained  therein,  when  necessary  for  the  purpose  of  liber¬ 
ating  himself,  and  an  officer  may  do  the  same,  when  necessary  for 
the  purpose  of  liberating  a  person  who,  acting  in  his  aid,  lawfully 
entered  for  the  purpose  of  making  an  arrest,  and  is  detained  therein. 

Sec.  846.  Any  person  making  an  arrest  may  take  from  the  person 
arrested  all  offensive  weapons  which  he  may  have  about  his  person, 
and  must  deliver  them  to  the  magistrate  before  whom  he  is  taken. 

Sec.  847.  A  private  person  who  has  arrested  another  for  the  com¬ 
mission  of  a  public  offense  must,  without  unnecessary  delay,  take 
the  person  arrested  before  a  magistrate,  or  deliver  him  to  a  peace 
officer. 

Sec.  848.  An  officer  making  an  arrest,  in  obedience  to  a  warrant, 
must  proceed  with  the  person  arrested  as  commanded  by  the  warrant, 
or  as  provided  by  law. 

Sec.  849.  When  an  arrest  is  made  without  a  warrant  by  a  peace 
officer  or  private  person,  the  person  arrested  must,  without  unneces- 


RELATING  TO  STATE  PRISONS  AND  PRISONERS. 


23 


sary  delay,  be  taken  before  the  nearest  or  most  accessible  magistrate 
in  the  county  in  which  the  arrest  is  made,  and  an  information,  stat¬ 
ing  the  charge  against  the  person,  must  be  laid  before  such  magistrate. 

JSec.  850.  A  justice  of  the  Supreme  Court,  District  or  County 
Judge,  or  the  judge  of  the  Municipal  Criminal  Court  of  San  Fran¬ 
cisco,  may,  by  an  indorsement  under  his  hand  upon  a  warrant  of 
arrest,  authorize  the  service  thereof  by  telegraph,  and  thereafter  a 
telegraphic  copy  of  such  warrant  may  be  sent  by  telegraph  to  one  or 
more  peace  officers,  and  such  copy  is  as  effectual  in  the  hands  of  any 
officer,  and  he  must  proceed  in  the  same  manner  under  it  as  though 
he  held  an  original  warrant  issued  by  the  magistrate  making  the 
indorsement. 

Sec.  851.  Every  officer  causing  telegraphic  copies  of  warrants  to 
be  sent,  must  certify  as  correct,  and  file  in  the  telegraph  office  from 
which  such  copies  are  sent,  a  copy  of  the  warrant  and  indorsement 
thereon,  and  must  return  the  original  with  a  statement  of  his  action 
thereunder. 

Sec.  854.  If  a  person  arrested  escape  or  is  rescued,  the  person 
from  whose  custody  he  escaped  or  was  rescued,  may  immediately 
pursue  and  retake  him  at  any  time  and  in  any  place  within  the  State. 

Sec.  855.  To  retake  the  person  escaping  or  rescued,  the  person 
pursuing  may  break  open  an  outer  or  inner  door  or  window  of  a  dwel¬ 
ling-house,  if,  after  notice  of  his  intention,  he  is  refused  admittance. 

Sec.  1151.  A  general  verdict  upon  a  plea  of  not  guilty  is  either  ' 
“guilty”  or  “not  guilty,”  which  imports  a  conviction  or  acquittal  of 
the  offense  charged  in  the  indictment.  Upon  a  plea  of  a  former  con¬ 
viction  or  acquittal  of  the  same  offense,  it  is  either  “for  the  people” 
or  “for  the  defendant.”  When  the  defendant  is  acquitted  on  the 
ground  that  he  was  insane  at  the  time  of  the  commission  of  the 
act  charged,  the  verdict  must  be  “not  guilty,  by  reason  of  insanity.” 
When  the  defendant  is  acquitted  on  the  ground  of  variance  between 
the  indictment  and  the  proof,  the  verdict  must  be  “not  guilty,  by 
reason  of  variance  between  indictment  and  proof.”  [ Amendment , 
approved  March  30,  187 A] 

Sec.  1216.  If  the  judgment  is  for  imprisonment  in  the  State 
Prison,  the  Sheriff  of  the  county  must,  upon  receipt  of  a  certified 
copy  thereof,  take  and  deliver  the  defendant  to  the  Warden  of  the 
State  Prison.  He  must  also  deliver  to  the  Warden  the  certified  copy 
of  the  judgment,  and  take  from  the  Warden  a  receipt  for  the  defendant. 

Sec.  1420.  When  an  application  is  made  to  the  Governor  for  a 
pardon,  he  may  require  the  Judge  of  the  Court  before  which  the 
conviction  was  had,  or  the  District  Attorney  by  whom  the  action  was 
prosecuted,  to  furnish  him,  without  delay,  with  a  statement  of  the 
facts  proved  on  the  trial,  and  of  any  other  facts  having  reference  to 
the  propriety  of  granting  or  refusing  the  pardon. — [ Penal  Code. 

Sec.  1421.  At  least  ten  days  before  the  Governor  acts  upon  an 
application  for  a  pardon,  written  notice  of  the  intention  to  apply 
therefor,  signed  by  the  person  applying,  must  be  served  upon  the 
District  Attorney  of  the  county  where  the  conviction  was  had,  and 
proof,  by  affidavit,  of  the  service  must  be  presented  to  the  Governor. 
[Penal  Code. 

Sec.  1422.  Unless  dispensed  with  by  the  Governor,  a  copy  of  the 
notice  must  also  be  published  for  thirty  days  from  the  first  publica¬ 
tion,  in  a  paper  in  the  county  in  which  the  conviction  was  had. 
[Penal  Code. 


24 


EXTRACTS  FROM  THE  CODES  AND  STATUTES 


Sec.  1423.  The  provisions  of  the  two  preceding  sections  are  not 
applicable : 

1.  When  there  is  imminent  danger  of  the  death  of  the  person 
convicted  or  imprisoned ; 

2.  When  the  term  of  imprisonment  of  the  applicant  is  within  ten 
days  of  its  expiration. — [Penal  Code. 

Sec.  1547.  The  Governor  may  offer  a  reward,  not  exceeding  one 
thousand  dollars,  payable  out  of  the  general  fund,  for  the  apprehen¬ 
sion  : 

1.  Of  any  convict  who  has  escaped  from  the  State  Prison;  or, 

2.  Of  any  person  who  has  committed,  or  is  charged  with  the  com¬ 
mission  of,  an  offense  punishable  with  death. 

An  Act  imposing  certain  duties  upon  the  Governor  of  the  State,  approved  April  3, 1876. 

Sec.  1.  The  Governor  shall  offer  a  standing  reward  of  three  hun¬ 
dred  dollars  ($300)  for  the  arrest  of  each  person  engaged  in  the  rob¬ 
bery  of,  or  in  an  attempt  to  rob  any  person  or  persons  upon,  or 
having  in  charge,  in  whole  or  in  part,  any  stage-coach,  wagon,  rail¬ 
road  train,  or  other  conveyance  engaged  at  the  time  in  conveying 
passengers,  or  any  private  conveyance,  within  this  State;  the  reward 
to  be  paid  to  the  person  or  persons  making  the  arrest,  immediately 
upon  the  conviction  of  the  person  or  persons  so  arrested;  but  no 
reward  shall  be  paid  except  after  such  conviction. 

Sec.  1567.  When  it  is  necessary  to  have  a  person  imprisoned  in 
the  State  Prison  brought  before  any  Court,  or  a  person  imprisoned 
in  a  county  jail  brought  before  a  Court  sitting  in  another  county,  an 
order  for  that  purpose  may  be  made  by  the  Court  and  executed  by 
the  sheriff  of  the  county  where  it  is  made. 

An  Act  to  provide  for  the  erection  and  maintenance  of  a  Branch  State  Prison  near  the  Town  of 

Folsom,  approved  March  30,  1874. 

Sec.  1.  The  Governor,  Lieutenant-Governor,  and  Secretary  of 
State,  the  Board  of  State  Prison  Directors,  are  hereby  authorized  and 
empowered,  and  it  shall  be  their  duty  to  cause  to  be  commenced,  on 
or  before  the  first  day  of  October,  A.  D.  eighteen  hundred  and  seventy- 
four,  the  building  of  a  Branch  State  Prison,  on  the  land  and  at  the 
site  conveyed  to  the  State  by  the  Natoma  Water  and  Mining  Com¬ 
pany,  situated  near  the  town  of  Folsom,  in  Sacramento  County;  also, 
to  commence  building  and  constructing  an  exterior  wall,  inclosing 
not  less  than  five  acres  of  land,  around  the  same. 

Sec.  2.  The  walls  of  the  entire  prison  structure  shall  be  erected 
with  stone  to  be  taken  from  the  granite  quarries  situated  on  the  land 
mentioned  in  Section  One  of  this  Act,  using  convict  labor  in  and 
about  the  premises  whenever  it  can  be  done  to  advantage;  and  the 
said  prison  structure  shall  be  erected,  finished,  and  completed  as 
speedily  after  it  is  commenced  as  practicable;  provided,  that  said 
Board  of  State  Prison  Directors  shall  first  order  the  erection  of  a 
suitable  structure  for  the  accommodation  of  not  less  than  one  hun¬ 
dred  and  fifty  convicts  within  the  inclosed  prison  yard,  the  same  to 
be  in  harmony  with  the  general  plan  adopted  for  tire  construction  of 
the  branch  prison  at  Folsom. 

Sec.  3.  The  said  Board  of  Directors  shall,  on  or  before  the  fif¬ 
teenth  day  of  April,  a.  d.  eighteen  hundred  and  seventy-four,  cause 
to  be  published  in  a  daily  newspaper,  in  the  City  and  County  of 
Sacramento,  and  City  and  County  of  San  Francisco,  for  at  least  thirty 


RELATING  TO  STATE  PRISONS  AND  PRISONERS. 


25 


days,  a  notice  to  receive  plans  and  specifications,  in  detail,  at  a  place 
specified  therein,  for  the  construction  of  a  Branch  State  Prison,  to  be 
erected  on  the  land  and  at  the  site  hereinbefore  mentioned,  in  said 
Sacramento  County,  and  upon  the  basis  of  accommodating  not  less 
than  five  hundred  prisoners  at  one  time.  The  notice  shall  also  state 
the  premium,  not  to  exceed  the  sum  of  five  hundred  dollars,  to  be 
awarded  to  the  architect  whose  plans  and  specifications  for  the  same 
may  be  adopted. 

Sec.  4.  The  said  Board  of  State  Prison  Directors,  on  or  before  the 
fifteenth  day  of  June,  a.  d.  eighteen  hundred  and  seventy-four,  shall 
adopt  plans  and  specifications  for  said  Branch  State  Prison,  as  afore¬ 
said;  and  on  or  before  the  day  last  before  mentioned,  shall  cause  to  be 
advertised  in  a  daily  newspaper  published  in  the  City  and  County  of 
Sacramento,  and  in  the  City  and  County  of  San  Francisco,  for  at 
least  thirty  days,  a  notice  to  receive  sealed  proposals  and  bids  to  con¬ 
struct  and  erect  any  part  of  said  Branch  State  Prison,  on  the  land 
and  at  the  site  aforesaid,  in  accordance  with  the  plans  and  specifi¬ 
cations  which  shall  have  been  heretofore  adopted  by  said  Board  of 
State  Prison  Directors  for  the  construction  of  the  same,  with  the 
reserved  right  to  reject  any  and  all  bids  as  being  too  high  in  price, 
and  advertise  anew.  The  said  Board  of  Directors,  on  or  before  the 
fifteenth  day  of  September,  a.  d.  eighteen  hundred  and  seventy-four, 
must  let  to  the  lowest  responsible  bidder  the  contract  to  construct 
and  erect  such  part  of  said  prison  structure  as  the  said  Board  of 
Directors,  in  their  discretion,  may  think  proper,  upon  condition  that 
such  contractor  or  contractors  execute  a  good  and  sufficient  bond,  in 
double  the  amount  of  his  or  their  bids,  to  perform  such  contract  of 
constructing  and  erecting  any  part  of  said  prison  structure  in  a  skill¬ 
ful  and  workmanlike  manner,  and  in  conformity  with  the  plans  and 
specifications  aforesaid,  which  bond  shall  be  approved  by  the  Board 
of  State  Prison  Directors. 

Sec.  5.  The  Board  of  State  Prison  Directors  are  hereby  author¬ 
ized  to  appoint  a  superintendent  of  said  prison,  who  shall  hold  his 
office  during  the  pleasure  of  the  appointing  power,  and  until  his  suc¬ 
cessor  is  appointed  and  qualified,  whose  duty  it  shall  be  to  superin¬ 
tend  and  manage  the  construction  and  erection  of  said  prison 
structure,  under  such  rules  and  regulations  as  may  be  prescribed  by 
the  Board  of  State  Prison  Directors,  under  the  provisions  of  this  Act. 

Sec.  6.  The  Board  of  State  Prison  Directors  are  hereby  author¬ 
ized  to  cause  to  be  erected  on  said  site  mentioned  in  Section  One  of 
this  Act,  such  temporary  prison  buildings,  yard,  and  officers'  quarters, 
as  they  may  deem  necessary  for  the  accommodation  of  the  officers 
and  guards,  and  the  safe  keeping  of  the  prisoners  during  the  time 
they  are  employed  in  the  erection  of  the  said  permanent  prison 
buildings  and  wall,  or  prison  structure. 

Sec.  7.  As  soon  as  temporary  quarters  and  buildings  are  erected, 
as- provided  in  Section  Six  of  this  Act,  the  Board  of  State  Prison 
Directors  shall  select  a  number  of  prisoners,  not  less  than  fifty  nor 
more  than  five  hundred  of  the  number  who  maybe  unemployed  under 
contract,  and  cause  them  to  be  removed  from  the  State  Prison  at 
San  Quentin,  to  said  prison  near  Folsom,  and  there  to  be  confined 
and  worked  in  the  erection  of  said  prison  structure,  and  such  other 
work  and  labor  as  the  said  Board  of  Directors  shall  deem  advanta¬ 
geous  and  proper,  during  the  term  or  terms  of  their  sentence  to  the 
State  Prison. 

4 


26 


EXTRACTS  FROM  THE  CODES  AND  STATUTES 


Sec.  8.  The  provisions  of  Chapter  One  and  Two,  of  Title  One, 
Part  Three  of  the  Penal  Code,  are  applicable  to  and  made  part  hereof, 
substituting  the  words  “  Branch  State  Prison/’  for  the  words  “State 
Prison,”  whenever  occurring  in  said  chapters.  The  appointment  of 
a  prison  Warden  shall  be  a  permanent  appointment,  and  he  shall 
not  be  removed  from  office  except  for  good  and  sufficient  cause. 

Sec.  9.  All  material  necessary  to  be  purchased  in  the  construction 
of  said  prison  structure,  and  all  supplies  for  the  support  and  main¬ 
tenance  of  said  Branch  State  Prison,  shall  be  by  contract,  and  the 
Board  of  Directors  shall  cause  to  be  published  in  a  newspaper  pub¬ 
lished  in  the  county,  a  notice  to  receive  bids  therefor,  and  let  the 
same  to  the  lowest  responsible  bidder,  whenever  such  material  or 
supplies  are  needed. 

Sec.  10.  All  salaries  paid  to  officers,  guards,  or  skilled  laborers, 
and  all  moneys  expended  for  material,  tools,  or  supplies,  used  in  the 
construction  of  said  Branch  State  Prison  buildings  and  wall,  and  in 
the  support  and  maintenance  of  said  prison,  shall  be  drawn  from  the 
State  Treasury,  in  the  same  manner  as  moneys  are  now  drawn  there¬ 
from  for  the  support  and  maintenance  of  the  State  Prison  at  San 
Quentin;  and  the  Board  of  Directors  shall  cause  to  be  kept  a  correct 
account,  in  detail,  of  all  moneys  secured  and  disbursed  by  them  in 
the  building,  support,  and  management  of  said  Branch  State  Prison, 
and  shall,  on  or  before  the  first  day  of  November,  in  each  year,  make 
a  full  report  to  the  Governor,  showing  in  detail  all  the  transactions 
connected  with  the  construction,  management,  support,  and  main¬ 
tenance  of  said  prison,  and  of  the  working  and  conducting  of  the 
convicts  therein  confined. 

Sec.  11.  The  Board  of  Directors  shall  collect,  or  cause  to  be  col¬ 
lected,  and  receive  all  moneys  due  for  work  and  labor  furnished  to 
any  parties  at  or  from  said  prison,  or  from  the  lease  of  the  labor  of 
convicts  therein  confined,  and  pay  the  same  into  the  State  Treasury, 
and  take  the  Treasurer’s  receipt  therefor;  and  it  shall  be  the  duty  of 
the  State  Treasurer  to  place  the  same  in  a  fund,  to  be  known  as  the 
“Folsom  Branch  State  Prison  Fund,”  which,  together  with  all  moneys 
appropriated  or  obtained  by  the  assessment  and  levy  of  taxes  upon 
the  value  of  property  for  the  building,  support,  and  maintenance  of 
said  prison,  shall  be  subject  to  orders  of  said  Board  of  Directors,  to 
be  disbursed  in  the  support  of  said  Branch  State  Prison. 

Sec.  12.  The  sum  of  one  hundred  and  seventy-five  thousand  dol¬ 
lars  is  hereby  appropriated  out  of  any  moneys  in  the  State  Treasury 
not  otherwise  appropriated,  for  the  purpose  of  carrying  out  the  pro¬ 
visions  of  this  Act,  and  the  State  Treasurer  is  hereby  directed  and 
required  to  place  the  same  in  the  Folsom  Branch  State  Prison  Fund, 
subject  to  orders  for  disbursement  as  hereinbefore  provided.  Neither 
the  Board  of  State  Prison  Directors  mentioned  in  Section  One  of 
this  Act,  nor  any  one  acting  under  or  for  said  Board,  shall  incur  or 
create  any  debt  or  debts,  liability  or  liabilities,  under  the  provisions 
of  this  Act;  nor  shall  they  make  any  contract  or  agreement  in 
relation  to  the  building  and  construction  of  the  Branch  State  Prison 
provided  for  in  this  Act,  the  completion  and  fulfillment  of  which 
will  exceed  the  appropriation  made  in  this  Section,  or  the  balance  of 
such  appropriation  unexpended  at  the  time  such  contract  or  agree¬ 
ment  is  entered  into.  Any  violation  of  the  foregoing  provisions 
shall  be  a  misdemeanor,  and  all  such  contracts  and  agreements  shall 
be  void. 


RELATING  TO  STATE  PRISONS  AND  PRISONERS. 


27 


Amendments  to  the  Codes. 


Chapter  IV. — An  Act  to  amend  sections  fourteen  hundred  and  eighteen 
and  fourteen  hundred  and  nineteen  of  the  Penal  Code ,  relating  to 
reprieves,  commutations,  and  pardons.  (Approved  February  18th, 
1880.) 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assem¬ 
bly,  do  enact  asfolloivs: 

Section  1.  Section  fourteen  hundred  and  eighteen  of  said  Code 
is  hereby  amended  so  as  to  read  as  follows: 

1418.  He  may  suspend  the  execution  of  the  sentence,  upon  a  con¬ 
viction  for  treason,  until  the  case  can  be  reported  to  the  Legislature 
at  its  next  meeting,  when  the  Legislature  may  either  pardon,  direct 
the  execution  of  the  sentence,  or  grant  a  further  reprieve;  provided, 
that  neither  the  Governor  nor  the  Legislature  shall  have  power  to 
grant  pardons  or  commutations  of  sentence  in  any  case  where  the 
convict  has  been  twice  convicted  of  felony,  after  the  first  day  of 
January,  eighteen  hundred  and  eighty,  unless  upon  the  written 
recommendation  of  a  majority  of  the  Judges  of  the  Supreme  Court. 

Sec.  2.  Section  fourteen  hundred  and  nineteen  of  said  Code  is 
hereby  amended  so  as  to  read  as  follows: 

1419.  He  must,  at  the  beginning  of  every  session,  communicate 
to  the  Legislature  each  case  of  reprieve,  commutation,  or  pardon, 
stating  the  name  of  the  convict,  the  crime  of  which  he  was  con¬ 
victed,  the  sentence  and  its  date,  and  the  date  of  the  commutation, 
pardon,  or  reprieve,  and  the  reasons  for  granting  the  same. 

Sec.  3.  This  Act  shall  take  effect  immediately. 


Chapter  XLIII. — An  Act  to  add  a  new  section  to  the  Penal  Code,  to  be 
known  as  section  one  hundred  and  eleven ,  relating  to  costs  in  certain 
criminal  actions.  (Approved  April  6th,  1880.) 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assem¬ 
bly,  do  enact  as  follows: 

Section  1.  A  new  section  is  hereby  added  to  the  Penal  Code,  to 
be  known  as  section  one  hundred  and  eleven,  to  read  as  follows: 

111.  Whenever  a  trial  shall  be  had  of  any  person  under  any  of 
the  provisions  of  sections  one  hundred  and  five  and  one  hundred 
and  six  of  this  Code,  and  whenever  a  convict  in  the  State  Prison 
shall  be  tried  for  any  crime  committed  therein,  the  County  Clerk  of 
the  county  where  such  trial  is  had  shall  make  out  a  statement  of  all 
the  costs  incurred  by  the  county  for  the  trial  of  such  case,  and  of 
guarding  and  keeping  such  convict,  properly  certified  to  by  a  Supe- 


28 


EXTRACTS  FROM  THE  CODES  AND  STATUTES 


rior  Judge  of  said  county,  which  statement  shall  he  sent  to  the  Board 
of  State  Prison  Directors  for  their  approval;  and  after  such  approval, 
said  Board  shall  cause  the  amount  of  such  costs  to  he  paid  out  of  the 
money  appropriated  for  the  support  of  the  State  Prison  to  the  County 
Treasurer  of  the  county  where  such  trial  was  had. 

Sec.  2.  This  Act  shall  take  effect  immediately. 


Chapter  XLIX. — An  Act  to  amend  section  fifteen  hundred  and  eighty- 
six  of  the  Penal  Code ,  relating  to  transportation  of  convicts  to  Ptate 
Prisons.  (Approved  April  9th,  1880.) 

The  People  of  the  State  of  California ,  represented  in  Senate  and  Assem¬ 
bly,  do  enact  as  follows : 

Section  1.  Section  fifteen  hundred  and  eighty-six  of  the  Penal 
Code  is  hereby  amended  to  read  as  follows: 

1586.  Sheriffs  delivering  prisoners  at  the  State  Prisons  must 
receive  all  expenses  necessary  incurred  in  their  transportation,  and 
also  a  just  and  reasonable  compensation  for  their  own  services,  the 
amount  of  the  expenses  and  compensation  in  each  case  to  be  audited 
and  allowed  by  the  Board  of  Examiners  and  paid  out  of  any  moneys 
in  the  State  treasury  appropriated  for  that  purpose,  and  no  further 
compensation  shall  be  received  by  Sheriffs  for  such  transportation  or 
services. 

Sec.  2.  All  Acts  and  parts  of  Acts  in  conflict  with  the  provisions 
of  this  Act  are  repealed. 

Sec.  3.  This  Act  shall  take  effect  immediately. 


Chapter  CVIII. — An  Act  to  amend  sections  one  hundred  and  five  and 

one  hundred  and  six  of  the  Penal  Code ,  relating,  to  escap>es  and  attempts 

to  escape  from  State  Prison.  (Approved  April  16th,  1880.) 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assem¬ 
bly,  do  enact  as  folloivs : 

Section  1.  Section  one  hundred  and  five  of  the  Penal  Code  is 
hereby  amended  so  as  to  read  as  follows: 

105.  Every  prisoner  confined  in  the  State  Prison  for  a  term  less 
than  for  life,  who  escapes  therefrom,  is  punishable  by  imprisonment 
in  the  State  Prison  for  a  term  equal  in  length  to  the  term  he  was 
serving  at  the  time  of  such  escape;  said  second  term  of  imprisonment 
to  commence  from  the  time  he  would  otherwise  have  been  discharged 
from  said  prison. 

Sec.  2.  Section  one  hundred  and  six  of  said  Code  is  hereby 
amended  so  as  to  read  as  follows: 

106.  Every  prisoner  confined  in  the  State  Prison  for  a  term  less 
than  for  life,  who  attempts  to  escape  from  such  prison,  is  guilty  of  a 
felony,  and,  on  conviction  thereof,  the  term  of  imprisonment  there¬ 
for  shall  commence  from  the  time  such  convict  would  otherwise 
have  been  discharged  from  said  prison. 

Sec.  3.  This  Act  shall  take  effect  immediately. 


RELATING  TO  STATE  PRISONS  AND  PRISONERS. 


29 


Chapter  XL  VII. — / Unending  sections  of  the  Penal  Code. 

« 

Sec.  3.  Section  seven  hundred  and  eighty-seven  of  said  Code  is 
hereby  amended  so  as  to  read  as  follows: 

787.  The  jurisdiction  of  a  criminal  action  for  escaping  from  prison, 
is  in  any  county  of  the  State. — [ Amendment  to  Penal  Code,  April  9th, 
1880. 

Sec.  30.  Section  nine  hundred  and  sixty-nine  of  said  Code  is 
hereby  repealed. — \ Amendment  to  Penal  Code,  April  9tli,  1880 ;  previous 
conviction. 

Sec.  56.  Section  one  thousand  and  twenty-five  of  said  Code  is 
hereby  repealed. — [Amendment  to  Penal  Code,  April  9th,  1880 ;  previous 
conviction. 

Sec.  82.  Section  eleven  hundred  and  fifty-eight  of  said  Code  is 
hereby  amended  so  as  to  read  as  follows: 

1158.  Whenever  the  fact  of  a  previous  conviction  of  another 
offense  is  charged  in  an  indictment  or  information,  the  jury,  if  they 
find  a  verdict  of  guilty  of  the  offense  with  which  he  is  charged,  must 
also,  unless  the  answer  of  the  defendant  admits  the  charge,  find 
whether  or  not  he  has  suffered  such  previous  conviction.  The  ver¬ 
dict  of  the  jury  upon  a  charge  of  previous  conviction  may  be:  “We 
find  the  charge  of  previous  conviction  true,”  or,  “We  find  the  charge 
of  previous  conviction  not  true,”  as  they  find  that  the  defendant  has 
or  has  not  suffered  such  conviction. — [Amendment  to  Penal  Code, 
April  9th,  18S0. 


MISCELLANEOUS. 

Sec.  3244.  Eight  hours  of  labor  constitute  a  day’s  work,  unless  it 
is  otherwise  expressly  stipulated  by  the  parties  to  a  contract. — [Stats. 
1868,  p.  63,  Sec.  1. 

Sec.  3245.  Eight  hours  labor  constitute  a  legal  day’s  work  in  all 
cases  where  the  same  is  performed  under  the  authority  of  any  law  of 
this  State,  or  under  the  direction,  control,  or  by  the  authority  of  any 
officer  of  this  State  acting  in  his  official  capacity,  or  under  the  direc¬ 
tion,  control,  or  by  the  authority  of  any  municipal  corporation  within 
this  State,  or  of  any  officer  thereof  acting  as  such;  and  a  stipulation 
to  that  effect  must  be  made  a  part  of  all  contracts  to  which  the  State 
or  any  municipal  corporation  therein  is  a  party. — [Stats.  186S,  p.  63, 
Sec.  2. 

Sec.  3259.  A  day  is  the  period  of  time  between  any  midnight  and 
the  midnight  following. — [Political  Code. 

Sec.  3738.  Eight  hours  shall  constitute  a  day’s  work  for  all  labor¬ 
ers,  workmen,  and  mechanics  who  may  be  employed  by  or  on  behalf 
of  the  Government  of  the  United  States. — [Revised  Statutes  United 
States. 


30 


EXTRACTS  FROM  THE  CODES  AND  STATUTES 


Opinion  of  the  Attorney-General. 


CREDITS  TO  SECOND  TERM  CONVICTS. 

In  reply  to  a  letter  about  withholding  “  credits”  from  convicts  serv¬ 
ing  a  second  term  of  imprisonment,  under  the  inhibition  of  Article 
VII  of  the  Constitution,  the  Attorney-General  sent  the  following 
telegram  and  letter: 

Sacramento,  November  14,  18S1. 

General  John  Me  Comb :  In  my  opinion,  the  constitutional  provis¬ 
ion  referred  to  does  not  apply  to  giving  of  credits,  in  cases  where  the 
law  in  force  at  time  of  conviction  authorized  those  credits. 

A.  L.  HART. 


Sacramento,  California,  November  15,  1881. 

General  John  Me  Comb,  Warden  Folsom  Prison : 

Dear  Sir:  Your  letter  of  yesterday,  asking  a  more  full  opinion 
than  that  contained  in  my  telegram,  received. 

In  my  opinion  there  is  no  force  in  the  suggestion  that  the  restraint 
upon  the  pardoning  power  of  the  Governor  and  Legislature,  con¬ 
tained  in  Article  VII,  Constitution,  applies  only  to  cases  of  second- 
term  convicts  whose  convictions  were  both  subsequent  to  the  adop¬ 
tion  of  the  Constitution.  On  the  contrary,  I  think  it  applies  to 
every  case  where  the  last  conviction  was  subsequent  to  the  adoption 
of  the  Constitution,  and  it  may  be  held  to  apply  to  all  cases  regard¬ 
less  of  the  date  of  the  conviction. 

I  do  not,  however,  view  an  Act  granting  to  convicts  credits  for 
good  behavior,  as  does  the  Goodwin  Act,  as  being  a  “ commutation 
of  sentence,”  when  applied  to  the  case  of  a  convict  tried  and  sen¬ 
tenced  subsequent  to  the  passage  of  this  Act.  It  could  not  well  be 
said  that  the  sentence  of  a  convict  had  been  “commuted”  long 
before  even  the  crime  had  been  committed  which  resulted  in  his 
being  adjudged  a  convict.  It  may  be  assumed  in  every  case  that 
such  sentence  is  pronounced  as  the  merits  of  the  case  demand,  hav¬ 
ing  in  view  the  facts,  and  also  all  laws  in  force  at  time  of  sentence, 
including  the  law,  if  there  be  any  such  at  the  time,  allowing  to  the 
convict  the  privilege  of  shortening  the  time  of  his  incarceration  by 
his  good  behavior. 

In  this  view  of  the  question,  there  is  not,  in  my  opinion,  any  con¬ 
stitutional  inhibition  upon  the  Legislative  power  to  pass  an  Act 
which  shall  permit  the  giving  to  all  persons  convicted  subsequent  to 
the  passage  of  the  Act,  the  privilege  of  shortening  the  term  of  im¬ 
prisonment  by  good  behavior  while  incarcerated.  Such  law  could 


RELATING  TO  STATE  PRISONS  AND  PRISONERS.  31 

be  made  to  apply  as  well  to  those  serving  a  second  term  as  to  others. 
But  should  the  law  be  made  to  apply  to  the  cases  of  those  convicted 
before  its  enactment,  then,  in  my  opinion,  so  much  of  it  as  did  so, 
would  amount  to  a  “commutation  of  sentence,”  and  open  to  the 
objection  that  the  pardoning  power  belongs  to  the  Executive,  not  to 
the  Legislative  Department  cf  the  State  government. 

By  adding  the  foregoing  to  what  I  stated  in  my  telegram  of  yes¬ 
terday,  I  think  you  will  be  able  to  fully  know  my  opinion  on  the 
questions  you  have  been  pleased  to  submit  to  me. 

I  have  the  honor  to  remain  respectfully  yours, 

A.  L.  HART,  Attorney-General. 


CREDITS  GIVEN  BY  STATUTE. 


Following  is  a  Table  of  Credits  given  by  the  Goodwin  Act,  reen¬ 
acted  in  the  statute  of  1880,  printed  .in  this  pamphlet: 


Sentence,  in  Years. 


Credits, 

in 

Months. 


Actual  time,  with 
credits  deducted. 


Years. 


Months. 


Sentence,  in  Years. 


Credits, 

in 

Months. 


Actual  time,  with 
credits  deducted. 


Years. 


Months. 


One _ 

Two _ 

Three _ 

Four _ 

Five _ 

Six _ 

Seven _ 

Eight _ 

Nine _ 

Ten _ 

Eleven _ 

Twelve _ 

Thirteen 
Fourteen  _ 

Fifteen _ 

Sixteen  _  _ 
Seventeen 
Eighteen  _ 
Nineteen .. 
Twenty  __ 


2 

4 

8 

12 

17 

22 

27 

32 

37 

42 

47 

52 

57 

62 

67 

72 

77 

82 

87 

92 


10 

Twenty-one  _ 

97 

12 

11 

1 

8 

Twenty-two  _  _  . 

102 

13 

6 

2 

4 

Twenty-three  _ 

107 

14 

1 

3 

Twenty-four _ 

112 

14 

8 

3 

7 

Twenty-five _ 

117 

15 

3 

4 

2 

Twenty-six.  _  __ 

122 

15 

10 

4 

9 

Twenty-seven _ 

127 

16 

5 

5 

4 

Twenty-eight  __  _ 

132 

17 

5 

11 

Twenty-nine _ 

137 

17 

7 

6 

6 

Thirty  .  _  _ 

142 

18 

2 

7 

1 

Thirty-one  . 

147 

18 

9 

7 

8 

Thirty-two  _ _ 

152 

19 

4 

8 

3 

Thirty-three _ 

157 

19 

11 

8 

10 

Thirty-four.  _ 

162 

20 

6 

9 

5 

Thirty-five  _ 

167 

21 

1 

10 

Thirtv-six 

172 

21 

8 

10 

7 

i/ 

Thirty-seven _ 

177 

22 

3 

11 

2 

Thirtv-eight.  .  . 

182 

22 

10 

11 

9 

Thirty-nine _ 

187 

23 

5 

12 

4 

Forty  _ 

192 

24 

O 


M  I 

.  ■ 

■ 

■  '  '  '  .1 


‘ 

1 


- 


i 


■* 


■ 

. 


' 

. 


■ 


